Analysing Criminal Law in Cape Verde

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O Criminal Law[7] in Cape Verde plays a crucial role in maintaining public order and protecting the people. fundamental rights[1] citizens. This branch of law[14] is responsible for defining what conduct is considered a crime and what sanctions apply to these offences, with the aim of preventing behaviour that could threaten security and social wellbeing. Cape Verde's criminal legislation is influenced by a combination of local legal traditions and international principles, reflecting the country's historical and cultural evolution.

The legal basis for criminal law in Cape Verde is the Penal Code, which has been reformulated to bring it into line with the contemporary requirements of justice[15] e human rights[4]. The last significant revision took place in 2004, with the implementation of a new code that introduced important changes, such as typifying new offences and updating penalties. This code is complemented by other specific legislation, such as the Code of Criminal Procedure, which regulates judicial procedures in criminal matters, ensuring due process of law and the protection of the rights of the accused.

A jurisprudence[5] in Cape Verde also plays a vital role in the interpretation and application of criminal rules. The decisions of higher courts, such as the Supreme Court[16] of Justice, are often used as a reference to ensure uniformity and coherence in the application of the law. law[17]. In addition legal doctrine[2]through academic studies and critical analyses, contributes to the development of criminal law, offering perspectives that can influence legislative reforms and judicial practices.

To fully understand the system[18] It is essential to consider the country's socio-economic and cultural context. Cape Verde, as an archipelago with limited resources, faces unique challenges in the effective implementation of its criminal laws. Issues such as drug trafficking, illegal immigration and organised crime are constant concerns that require legal responses adapted to local realities.

This report aims to provide a comprehensive overview of criminal law in Cape Verde, exploring the current legislation, relevant case law and doctrinal contributions that shape this legal field. Through a detailed analysis, it seeks to offer an in-depth understanding of the legal mechanisms that govern criminal justice in the country, highlighting the challenges and opportunities for improving the system.

Structure of Criminal Law in Cape Verde

Criminal law in Cape Verde is governed by a set of rules and principles that aim to protect the fundamental legal assets of the country. society[9]This is a way of preventing and punishing behaviour that is considered criminal. Crucial aspects of Cape Verde's penal structure are discussed below.

Cape Verde Penal Code

Cape Verde's Penal Code, approved by Law no. 4/2003 of 18 November, is the main piece of legislation governing criminal law in the country. This code defines the offences, the applicable penalties and the conditions for applying them. The Penal Code was reformulated in 2015 to bring it into line with contemporary justice and public security needs (Government of Cape Verde).

Fundamental Principles

The Cape Verdean penal system is based on fundamental principles that guarantee justice and fairness in the treatment of individuals. These include:

  • Principle of LegalityNo behaviour can be considered criminal unless there is a previous law defining it as such. This principle is enshrined in Article 1 of the Penal Code.
  • Principle of CulpabilityThe penalty must be proportionate to the culpability of the perpetrator, i.e. the seriousness of the act and the author's intention.
  • Principle of Humane Sentencing: The sentences imposed must not be inhuman or degrading, respecting the fundamental rights of those sentenced.

Classification of Crimes

The Cape Verdean Penal Code typifies a wide range of offences, divided into categories such as crimes against the person, crimes against property, crimes against the security of the environment and crimes against the environment. State[19]among others. Each category has its own specificities and associated penalties.

Crimes Against the Person

This category includes offences such as murder[10], bodily injury, and sexual offences. Murder, for example, is punishable by a prison sentence of between 8 and 25 years, depending on the aggravating or mitigating circumstances.

Property Crimes

Property offences include theft[20], robbery[21], damage[22]and swindling. Simple theft is punishable by imprisonment of up to 3 years or fine[23]Robbery, because it involves violence or threats, can carry harsher penalties.

Penalties and Security Measures

Cape Verde's penal system provides for different types of sentences and security measures, which can be applied separately or together, depending on the specific case.

Main penalties

The main feathers include:

  • Prison SentenceIt is the most serious sanction and can vary according to the seriousness of the offence. The prison system aims not only to punish, but also to reintegrate the offender into society.
  • Fine: Applied to less serious offences, the fine is calculated on the basis of the convict's economic situation, ensuring that the sentence is fair and proportionate.

Security measures

Security measures are applied in cases where the perpetrator is considered to be incapable or semi-capable due to mental disorders. These measures can include internment in an appropriate establishment or outpatient treatment.

Criminal Procedure

Criminal procedure in Cape Verde is governed by the Code of Criminal Procedure, which establishes the rules for investigation, instruction, judgement and execution of sentences.

Stages of the Criminal Process

Criminal proceedings in Cape Verde are divided into several phases:

  • EnquiryConducted by the Public Prosecutor's Office, with the aim of gathering evidence and determining the viability of the accusation.
  • InstructionOptional phase aimed at furthering the investigation, which can be requested by the defendant or the Public Prosecutor's Office.
  • Judgement: Held by a competent court, where the evidence is presented and the parties involved are heard.
  • Resource: Judicial decisions can be appealed, ensuring a double degree of justice. jurisdiction[8].

Jurisprudence and Doctrine

Case law and doctrine play a crucial role in the interpretation and application of criminal law in Cape Verde. Higher courts, such as the Supreme Court of Justice, are responsible for standardising the interpretation of criminal laws, while doctrine provides analysis and criticism that helps the legal system evolve.

Influence of case law

Cape Verdean jurisprudence has evolved to respond to contemporary challenges such as the rise of organised crime and cybercrime. Recent decisions have emphasised the need for a balanced approach between the repression[11] and prevention.

Contributions from the Doctrine

Legal doctrine in Cape Verde has contributed significantly to the development of criminal law, offering new perspectives on the effectiveness of penalties and the protection of fundamental rights. Renowned authors have discussed the need for legislative reforms to tackle new types of crime.

In short, criminal law in Cape Verde is a dynamic field, constantly adapting to social and legal changes, with the aim of guaranteeing security and justice for all citizens.

Structure of the Cape Verdean Penal System

The penal system in Cape Verde is structured in such a way as to guarantee justice and public safety, while respecting the fundamental rights of citizens. This section examines the main characteristics that define the Cape Verdean penal system, differing from those already covered in previous sections.

Penal Code and its Reforms

Cape Verde's Penal Code is the fundamental document that regulates criminal law in the country. Since its initial approval, it has undergone significant reforms to adapt to social and legal changes. The 2015 reform, for example, was crucial in bringing the code into line with the new demands of justice and public security (Government of Cape Verde). This section differs from the previous one by focussing on specific reforms and their practical implications for the penal system.

System of Alternative Sentences and Measures

Unlike the previous section, which dealt with penalties and security measures in general, here we explore alternative penalties and measures aimed at rehabilitating offenders. The Cape Verdean penal system has incorporated alternative sentences, such as community labour and probation, as ways of reducing recidivism and promoting the social reintegration of convicts. These measures are seen as essential for a more humane and efficient penal system (UNODC).

Rights of prisoners and convicts

Respect for human rights is a central feature of the penal system in Cape Verde. This section details the legal guarantees offered to detainees and convicts, ensuring that their conditions of detention[12] are dignified and respect international standards. The Cape Verdean penal system has implemented policies to improve prison conditions and guarantee inmates access to basic services such as health and education (Amnesty International).

The role of the Public Prosecutor's Office

The Public Prosecutor's Office in Cape Verde plays a crucial role in administration[6] of criminal justice. This section analyses its functions and responsibilities, which include conducting criminal investigations, promoting criminal prosecution and supervising the execution of sentences. The Public Prosecutor's Office acts as the guardian of legality and defender of society's interests, ensuring that criminal proceedings are conducted fairly and efficiently (Attorney General's Office of Cape Verde).

International co-operation in criminal matters

Cape Verde has intensified its international co-operation to combat transnational crimes, such as drug trafficking and the money laundering[3]. This section explores the agreements and partnerships established with other countries and international organisations to strengthen the capacity of the Cape Verdean penal system to face these challenges. International collaboration is seen as essential to the effectiveness of the penal system, allowing for the exchange of information and resources (Interpol).

The characteristics of the Cape Verdean penal system reflect a commitment to justice, security and human rights, continually adapting to contemporary needs and global challenges.

Challenges and Perspectives for Criminal Law in Cape Verde

Modernisation and Legislative Reform

Modernising the criminal justice system in Cape Verde is an ongoing challenge, especially in the face of rapid social and technological change. The Penal Code, although reformed in 2015, still faces the need for updates to deal with new forms of crime, such as cybercrime and transnational offences. The introduction of new technologies into the criminal process, such as the digitisation of proceedings and the use of artificial intelligence, also calls for legislative reforms to ensure effectiveness and fairness in the criminal justice system. The implementation of legislative reforms is crucial to ensure that the criminal justice system keeps pace with contemporary needs for justice and security (Government of Cape Verde).

Challenges in Criminal Enforcement

The execution of sentences in Cape Verde faces significant challenges, including prison overcrowding and a lack of adequate resources for the rehabilitation of inmates. Prisons often operate beyond their capacity, which jeopardises inmates' safety and living conditions. In addition, the lack of effective rehabilitation and social reintegration programmes contributes to high recidivism rates. The implementation of alternative measures to prison, such as community service sentences, is a perspective that can relieve pressure on the prison system and promote the social reintegration of offenders (Amnesty International).

Challenges of Transnational Crime

Cape Verde, due to its geographical location, faces significant challenges related to transnational crime, including drug trafficking and money laundering. International cooperation is essential to tackle these challenges, and Cape Verde has sought to strengthen its partnerships with international organisations and other countries. However, the effectiveness of these collaborations depends on the criminal justice system's ability to implement and enforce international agreements efficiently. The continuous training of law enforcement agents and the modernisation of investigation methods are crucial to effectively combating transnational crime (Interpol).

Human Rights Perspectives

The protection of human rights in the penal context is a growing concern in Cape Verde. The implementation of practices that guarantee respect for the rights of detainees and convicts is fundamental to the legitimacy of the penal system. This includes access to a fair trial, the prohibition of torture and mistreatment[13]and guaranteeing decent conditions in prisons. Promoting human rights in the penal system not only improves the country's international image, but also contributes to public confidence in the justice system. The continuous training of legal professionals in human rights is an important prospect for the future of criminal law in Cape Verde (Human Rights Watch).

Technological Innovations in Criminal Procedure

The incorporation of technological innovations into criminal proceedings is a promising prospect for increasing the efficiency and transparency of the justice system in Cape Verde. Technologies such as the digitisation of court proceedings, the use of videoconferencing in hearings and the implementation of case management systems can reduce procedural delays and improve access to justice. However, adopting these technologies requires significant investment in infrastructure and staff training. In addition, it is necessary to ensure that the use of technology in criminal proceedings respects the fundamental rights of individuals, including privacy and the protection of personal data (Council of Europe).

Addressing the challenges and prospects of criminal law in Cape Verde requires a continued commitment to legislative reform, the protection of human rights and technological innovation. By tackling these challenges, Cape Verde can strengthen its criminal justice system and promote a fairer and safer society.

Conclusion

Criminal law in Cape Verde is structured to protect society's fundamental legal assets, through a set of rules and principles that guarantee justice and fairness. The Penal Code, reformulated in 2015, is the main legal instrument that defines crimes and penalties, in line with contemporary needs for justice and public safety. Principles such as the legality, culpability and humanity of sentences are fundamental to ensuring that the penal system treats individuals fairly and proportionately. The classification of offences covers various categories, including crimes against the person and property, with penalties that vary according to the seriousness of the act.

Legislative reforms and the modernisation of the penal system are ongoing challenges, especially in the face of increasing transnational crime and the need to incorporate technological innovations into the criminal process. Prison overcrowding and the lack of effective rehabilitation programmes are critical issues that demand the implementation of alternative sentences and social reintegration measures. International co-operation is essential to tackle transnational crimes, and Cape Verde has sought to strengthen its partnerships to improve the effectiveness of the penal system. The protection of human rights is a growing priority, with the need to guarantee decent conditions for detainees and convicts, promoting public confidence in the justice system (Amnesty International).

In short, the Cape Verdean penal system is constantly adapting to face contemporary challenges, with a firm commitment to justice, security and human rights. The next steps include continuing legislative reforms, strengthening international co-operation and incorporating innovative technologies to improve the efficiency and transparency of the justice system. These measures are crucial to ensuring that Cape Verde continues to promote a fairer and safer society for all its citizens (Government of Cape Verde).

Terms definitions
1. fundamental rights. Fundamental rights can collide in practice, even if constitutional norms are not structured hierarchically. When rights come into conflict, the principle of proportionality serves as a key mechanism for resolution, involving a careful assessment of adequacy, necessity and balanced consideration. Brazilian jurisprudence, particularly the Supreme Court, recognises the direct effect of fundamental rights on private relations, although international legal literature continues to debate the extent and scope of such application. Practical examples include tensions between freedom of the press and privacy rights, limitations in critical situations such as kidnappings, and the adjudication of complex scenarios in the contexts of employment, family and property. Academics such as Sarlet, Canotilho and Rolim have extensively investigated these dynamics, emphasising the nuanced approach needed to optimise the protection of rights while preventing disproportionate restrictions on individual freedoms.
2. legal doctrine. Legal doctrine comprises principles and rules derived from judicial decisions, mainly in common law systems. It provides a systematic framework for interpreting the law, ensuring consistency and predictability in legal administration. Through the doctrine of precedent, courts build on past decisions to establish binding legal principles that evolve with social and economic changes. Unlike civil law systems that rely heavily on statutory codes, common law systems emphasise judicial interpretation and precedent. Legal doctrine plays a crucial role in promoting the rule of law, increasing the legitimacy of the judicial system and enabling legal professionals to effectively advise clients. As courts address new legal challenges, doctrine continually adapts, refining principles to remain responsive to social needs while maintaining a coherent legal structure.
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